MENTAL HEALTH CODE
Act 258 of 1974
330.2032 Ordering treatment; medical supervisor; commitment; restriction of movements.
Sec. 1032.
(1) If the defendant is determined incompetent to stand trial, and if the court determines that there is a substantial probability that, if provided a course of treatment, he will attain competence to stand trial within the time limit established by section 1034, the court shall order him to undergo treatment to render him competent to stand trial.
(2) The court shall appoint a medical supervisor of the course of treatment. The supervisor may be any person or agency willing to supervise the course of treatment, or the department of mental health.
(3) The court may commit the defendant to the custody of the department of mental health, or to the custody of any other inpatient mental health facility if it agrees, only if commitment is necessary for the effective administration of the course of treatment. If the defendant, absent commitment to the department of mental health or other inpatient facility, would otherwise be held in a jail or similar place of detention pending trial, the court may enter an order restricting the defendant in his movements to the buildings and grounds of the facility at which he is to be treated.
History: 1974, Act 258, Eff. Aug. 6, 1975
Notes of Decisions
Cited in
10
cases, 1977–2019 · leading case:
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
People v. Davis, 871 N.W.2d 392 (Mich. Ct. App. 2015).
· cites it 5× “If the court finds a substantial probability that the defendant could be rendered competent to stand trial within 15 months, MCL 330.2032 governs the provision of treatment: *290 (1) If the defendant is determined incompetent to stand trial, and if the court determines that…”
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977).
“800(1034)(1), then MCLA 330.2032(2); MSA 14.800(1032)(2) directs that "[t]he court shall appoint a medical supervisor of the course of treatment.”
People v. Lang, 378 N.E.2d 1106 (Ill. App. Ct. 1978).
“( Mich. Comp. Laws Ann. §330.2032 (1975).) In Wisconsin the court is authorized to commit an unfit defendant to the department’s custody.”
People v. Willie Miller, 463 N.W.2d 250 (Mich. Ct. App. 1990).
· cites it 2× “MCL 330.2032(1); MSA 14.800(1032)(1); MCL 330.”
People v. Bowman, 367 N.W.2d 867 (Mich. Ct. App. 1985).
“MCL 330.2032; MSA 14.800(1032). Where treatment is ordered following an initial finding of incompetency, § 1040 allows the trial court to rehear and redetermine issues of competency, particularly upon receipt of any progress reports from the treatment provider and to continue or…”
Sutkiewicz Ex Rel. Sutkiewicz v. Carlson, 850 F. Supp. 579 (E.D. Mich. 1994).
“§ 330.2032, Judge Taft entered an Order finding Sutkiewicz incompetent to stand trail and ordering that he receive treatment as an inpatient at the CFP to regain his competency.”
People of Michigan v. Michael Brian McJunkin (Mich. Ct. App. 2018).
“, MCL 330.2032; MCL 330.2044. In light of the unpredictability of these contingencies, McJunkin cannot show a reasonable probability that the result of the trial would have been different if defense counsel had investigated McJunkin’s competency.”
People of Michigan v. Michael Brian McJunkin (Mich. Ct. App. 2018).
“, MCL 330.2032; MCL 330.2044. In light of the unpredictability of these contingencies, McJunkin cannot show a reasonable probability that the result of the trial would have been different if defense counsel had investigated McJunkin’s competency.”
People of Michigan v. Donshey Jones (Mich. Ct. App. 2019).
“” MCL 330.2032(1). A defendant shall not receive treatment “in excess of 15 months or ⅓ of the maximum sentence the defendant could receive if convicted of the charges against him, whichever is lesser; nor after the charges against the defendant are dismissed.”
People v. Parrilla, 58 V.I. 148 (2013).
“123 § 16 “Hospitalization of persons incompetent to stand trial or not guilty by reason of mental illness; examination period; commitment; hearing; restrictions; dismissal of criminal charges” (proposed legislation) (West) (2013); Michigan, Mich. Comp. Laws Ann. § 330.2032…”
— Mich. Comp. Laws § 330.2032(1) — 2 cases
People of Michigan v. Donshey Jones (Mich. Ct. App. 2019).
“” MCL 330.2032(1). A defendant shall not receive treatment “in excess of 15 months or ⅓ of the maximum sentence the defendant could receive if convicted of the charges against him, whichever is lesser; nor after the charges against the defendant are dismissed.”
— Mich. Comp. Laws § 330.2032(2) — 1 case
People v. Parney, 253 N.W.2d 698 (Mich. Ct. App. 1977).
“800(1034)(1), then MCLA 330.2032(2); MSA 14.800(1032)(2) directs that "[t]he court shall appoint a medical supervisor of the course of treatment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.